115. Federal law amending the Motor Vehicle Liability Insurance Act 1994, the Railway and Motor Insurance Act, the Reichshaftpflichtgesetz, the Piping Act and the Gaswirtschaftsgesetz (Gaswirtschaftsgesetz)

The National Council has decided:

Article 1

Amendment of the Motor Vehicle Liability Insurance Act 1994

The Motor Vehicle Civil Liability Insurance Act 1994, BGBl. N ° 651, as last amended by the Federal Law BGBl. I n ° 115/2004, shall be amended as follows:

1. In Section 9 (2), the amount of "EUR 11 000" by the amount of "30 000 euro" replaced.

2. § 9 (3) and (4) are:

" (3) The flat-rate insurance sum shall be:

1.		for buses with no more than 19 seats (seat and standing places) in addition to the handlebar and lorries with more than eight but not more than 19 seats in addition to the driver's seat 6 000 000 euro,
2.		for buses and lorries with more than 19 seats for each additional five seats, in addition 1 500 000 Euro,
3.		for bus and coach trailers with no more than ten seats 3 000 000 Euro and for each additional five places additional 1 500 000 Euro,
4.		for all other vehicles 3 000 000 euro.

(4) For vehicles with which dangerous goods according to the provisions of § 2 Z 1 of the Dangerous Goods Transport Act, BGBl. I No 145/1998, and which are to be labelled in accordance with these provisions, shall be the statutory insurance sum

1.		for the killing or injury of a person 3 000 000 euro,
2.		for the killing or injury of a number of persons 6 000 000 euro,
3.		a total of EUR 6 000 000 for property damage,
4.		for mere asset damage 30 000 euros. "

3. § 9 (5) deleted.

4. In § 14a, the previous provision shall receive the sales designation "(1)" .

(5) The following paragraph shall be added to section 14a:

" (2) The insurer shall explain the reason of the increase in a clear and comprehensible way in the notification to the policyholder. In addition, he has to draw the attention of the policyholder to his right of termination, provided that he does not merely base the increase in premium on the development of a consumer price index published by the Bundesanstalt Statistik Austria (Section 14b (1)). "

6. § 14b (1) reads:

" (1) In contractual premium adjustment clauses, a consumer price index can be used as the benchmark for changes in premiums, which is to be used by the Federal Institute of Statistics Austria. General provisions on contractual provisions which provide for a change in pay shall remain unaffected. "

7. The following paragraph 7 is added to § 37a:

" (7) § § 9, 14a and 14b in the version of the Federal Law BGBl. I n ° 115/2004 shall be 1. October 2004, in force. Existing insurance contracts shall be adapted to the amended provisions by that date. In existing contracts, the insurer can use the consumer price index 2000 as a benchmark for premium changes to the consumer price index, which was revealed by the Bundesanstalt Statistik Austria. "

Article 2

Amendment of the Railway and Motor Insurance Act

The Federal Railways and Motor Insurance Act, BGBl. N ° 48/1959, as last amended by the Federal Law BGBl. I n ° 98/2001, shall be amended as follows:

1. § 2 para. 1 first sentence reads:

" The concept of railway is in the sense of the Railway Act 1957, BGBl. No. 60, as amended and the Cable Car Act 2003, BGBl. I No 103/2003, to be interpreted in the relevant version. '

2. § 3 Z 2 reads:

" 2.		by the motor vehicle without the will of the holder, or "

3. In § 15 (1) (1) (1), the amount of "EUR 292 000" by the amount of "800 000 euro" replaced.

4. In Article 15 (1) (2) (2), the amount of "17 520 Euro" by the amount of "48 000 euro" replaced.

5. In § 15 (3) (1) (1) the amount of "876 000 euro" by the amount of "2 400 000 euro" replaced.

6. § 15 (3) (2) and (3) are:

" 2.		for the holder of an omnibus with no more than 19 seats (seat and standing places) in addition to the handlebar and for the holder of a lorry with more than eight, but not more than 19 places in addition to the handlebar also 2 400 000 euro as regards the people carried, for the holder of a bus and the holder of a lorry with more than 19 seats, in addition to the handlebar, for each additional five places, 1 200 000 euro per 1 200 000 for the people who are being transported;
3.		for the holder of a motor vehicle, with the dangerous goods in accordance with the provisions of § 2 Z 1 of the Dangerous Goods Transport Act, BGBl. I No 145/1998, as amended in the current version, and to be labelled in accordance with those rules, EUR 3 600 000 for damage caused by the dangerous nature of the goods. '

7. In § 16 (1) (1) (1), the amount of "EUR 145 000" by the amount of "400 000 euro" replaced.

8. § 16 (1) Z 2 reads:

" 2.		for the holder of a motor vehicle, with the dangerous goods in accordance with the provisions of § 2 Z 1 of the Dangerous Goods Transport Act, BGBl. I n ° 145/1998, as amended in the current version, and to be labelled in accordance with those rules, with EUR 3 600 000 for damage resulting from the dangerous nature of the goods. '

9. The following paragraph shall be added to Article 21:

" (3) § § 2, 3, 15, 16 and 22 in the version of the Federal Law BGBl. I n ° 115/2004 shall be 1. October 2004, in force. The amended provisions shall apply to accidents which have occurred after 30 September 2004. "

10. § 22 (3) Z 3 reads:

" 3.		the Act of Nuclear Arrest in 1999, BGBl. I No 170/1998, '.

Article 3

Amendment of the Reichshaftpflichtgesetz

The law relating to liability for compensation for the operations of railway undertakings, mines, etc. caused killings and bodily injuries of 7 June 1871, dRGBl. S 207, as last amended by the Federal Act BGBl. I n ° 98/2001, shall be amended as follows:

(1) In § 7a the amount of "17 520 Euro" by the amount of "48 000 euro" replaced.

(2) In § 7b (1) and (2), the amounts of "EUR 145 000" in each case by the amounts of "400 000 euro" replaced.

3. According to § 9b, the following § 9c is added:

" § 9c. § § 7a and 7b in the version of the Federal Law BGBl. I n ° 115/2004 shall be 1. October 2004, in force. The amended provisions shall apply to claims events which occurred after 30 September 2004. "

Article 4

Amendment of the Piping Act

The piping law, BGBl. No. 411/1975, as last amended by the Federal Law BGBl. I n ° 151/2001, shall be amended as follows:

1. In Section 11 (1) (1) (1), the amount of "EUR 292 000" by the amount of "800 000 euro" and the amount of "17 520 Euro" by the amount of "48 000 euro" replaced.

2. § 43 (5) deleted.

3. The following paragraph 1b is inserted in § 44:

" (1b) § § 11 and 43 in the version of the Federal Law BGBl. I n ° 115/2004 shall be 1. October 2004, in force. The amended provisions of § 11 shall apply only to damage events that have occurred after 30 September 2004. Existing insurance contracts shall be adapted to the amended provisions by that date. "

Article 5

Amendment of the Gas Trade Act

The Gas Economics Act, BGBl. I n ° 121/2000, as last amended by the Federal Law BGBl. I No 148/2002, shall be amended as follows:

1. In § 35 (1) (1) (1), the amount of "292 000 €" by the amount of "800 000 €" and the amount of "17 520 €" by the amount of "48 000 €" replaced.

(2) The following paragraph is added to Article 78:

" (5) § 35 in the version of the Federal Law BGBl. I n ° 115/2004 shall enter into force 1. October 2004, in force. The amended provisions shall apply only to damage events that occurred after 30 September 2004. Existing insurance contracts shall be adapted to the amended provisions by that date. "

Fischer

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